Geographe Civil Pty Ltd

[2022] FWCA 141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geographe Civil Pty Ltd

(AG2021/8953)

Geographe Civil Pty Ltd WA Civil Construction Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 17 JANUARY 2022

Application for approval of the Geographe Civil Pty Ltd WA Civil Construction Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Geographe Civil Pty Ltd WA Civil Construction Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geographe Civil Pty Ltd. The Agreement is a single-enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009[1] is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 16 January 2026.

[1] Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geographe Civil Pty Ltd, an employer, sought approval of the Geographe Civil Pty Ltd WA Civil Construction Enterprise Agreement 2021 from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for certain employees within the company. The application for approval was made under section 231 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act and if it provided for the fair and reasonable terms and conditions of employment.

The key legal issues the Commission had to address were whether the agreement fairly represented the terms and conditions of employment for the relevant employees and if it adhered to the provisions of the Fair Work Act 2009. The Commission had to examine the agreement to ensure it was not less favourable than the applicable award or safety net award, and that it complied with the good faith bargaining requirement. The Commission also had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, leave entitlements, and other employment-related matters.

After reviewing the agreement, the Fair Work Commission found that it fairly represented the terms and conditions of employment for the relevant employees and complied with the requirements of the Fair Work Act 2009. The Commission determined that the agreement was not less favourable than the applicable award or safety net award and that it provided for the fair and reasonable terms and conditions of employment. The Commission also found that the agreement was the product of good faith bargaining between the parties. Therefore, the Fair Work Commission approved the Geographe Civil Pty Ltd WA Civil Construction Enterprise Agreement 2021, effective from 1 July 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established